El Cenizo, TX DWI Law Firms & Lawyers

Alcohol checkpoints in MA are subject to very strict rules about who they can pull over and how the cars to be pulled over are selected. It sounds like they did not follow their procedure since the stops are supposed to be random, based upon a system of numbers or some other non-discriminatory manner. Since they singled you out, they probably violated the requirement and you may be able to have to stop thrown out. You will need a lawyer and you really shouldn't waste time in hiring one. I practice mainly criminal defense and DUIs are a large part of my case load.

The answer depends on a couple of things: (1) what court are you in? (2) is there a non-alcohol-related explanation for the high blow into the GI?  Don't make the mistake of thinking that compliance with all other terms will do you any good. As a particularly crotchety old Judge growled at me once: "It only takes one [violation]!"  Your probation can be perfect. But, if the reason your GI blow was high was because you were drinking, you should expect bad things to happen with your probation.

If they didn't take your blood it's not all that likely they'll be able to file charges against you. If you were on meds, which caused you to lose control of the vehicle, you can be prosecuted for DWI. However, if there's no video, if there's no test, if there's no blood, then there's not much evidence for them to use to go after you. If you get a summons in the mail ordering you to appear in court, then you'll know they filed on you. The other thing that may happen is they may simply issue a warrant for your arrest. But, like I said, if they didn't at least get a blood test, there's not much they can use, and I wouldn't expect a future charge.